Wormald Australia Pty Ltd T/A Wormald

[2019] FWCA 5301

[2019] FWCA 5301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald
(AG2019/2198)

WORMALD TOOWOOMBA FIRE ALARM ENTERPRISE AGREEMENT – 2019 – 2022

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 JULY 2019

Application for approval of the Wormald Toowoomba Fire Alarm Enterprise Agreement - 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Wormald Toowoomba Fire Alarm Enterprise Agreement - 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wormald Australia Pty Ltd T/A Wormald. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Employer did not notify employees of the time, place and method of voting seven clear days before the commencement of the voting process. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement was approved on 30 July 2019 and, in accordance with s.54, will operate from 6 August 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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Annexure A